Attorney General Charles M. Condon, Chief Deputy Attorney
General John W. McIntosh, Assistant Attorney General W. Rutledge Martin, all
of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM: Barry Barrentine
appeals his conviction and sentence for second-degree criminal sexual conduct
with a minor. It resulted from a guilty plea upon an indictment that
charged him with first-degree criminal sexual conduct with a minor, allegedly
a seven-year-old female. Barrentine contends the trial court lacked jurisdiction
to accept that plea because second-degree criminal sexual conduct with a minor
[1] is not a lesser-included offense of first-degree criminal sexual
conduct with a minor. [2] We agree. [3] Cohen v. State, 354 S.C. 563, 582 S.E.2d 403 (2003).

VACATED.

GOOLSBY, HOWARD, and KITTREDGE, JJ.,
concur.

[1] S.C. Code Ann. § 16-3-655(2) (2003)
defines second-degree criminal sexual conduct with a minor as a “sexual battery
with a victim who is fourteen years of age or less but who is at least eleven
years of age.”

[2] S.C. Code Ann. § 16-3-655(1) (2003)
defines first-degree criminal sexual conduct with a minor as a “sexual battery
with [a] victim who is less than eleven years of age.”

[3] We decide this case without oral argument
pursuant to Rule 215, SCACR.